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njcourts.gov
… following facts are derived from the evidence presented in support of, and in opposition to, Bystrowski's motion for …
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njcourts.gov
… Declarations, By- Laws[,] and Rules and Regulations." In support of her allegation that pleadings 14 A-0407-19T1 …
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njcourts.gov
… of tort claim pursuant to N.J.S.A. 59:8-9. The motion was supported only by plaintiff's and her daughter's 2 Plaintiff … N.J. 335, 344 (2019) (noting N.J.S.A. 59:8-9 leaves the determination of whether a late notice may be filed to judge's … and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's …
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njcourts.gov
… valid, we defer to its judgment "so long as its decision is supported by the record and is not so arbitrary, … That section of the Rule, however, applies to "a determination of a planning board or board of adjustment , or …
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njcourts.gov
… not timely, but did not make adequate factual findings to support the ruling and failed to address plaintiff's … disputed issues of material fact is necessary for any determination as to whether relief from the judgment is …
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njcourts.gov
… v. Colley, 397 N.J. Super. 214, 219 (App. Div. 2007)). Support was found in State v. Cromwell, 194 N.J. Super. 519, …
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njcourts.gov
… and the Botwins timely appealed the Director’s final determination to the Tax Court. For the reasons described more … a motion for summary judgment under R. 4:46-2, the determination whether there exists a genuine issue with … specific to each dealer. No evidence is before the court to support such a proffer under the Lemon Law or tax law. The …
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njcourts.gov
… directed her to file a certification in this regard, with supporting documentation if any, and permitted the Township … provides as follows: Review of judgment, action or determination of county board of taxation. a. Any party who is dissatisfied with the judgment, action or determination of the county board of taxation may seek review …
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njcourts.gov
… connotes employment or application to an end.” The Court supported this ruling by comparing the statute’s grant of … Ibid. When this “test is to be applied,” the court’s determination should be made “with reference to the object … judgment. Indeed, even in Borough of Middlesex, the determination that an area served as a “buffer” was based on …
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njcourts.gov
… with similar conditions. However, this argument is unsupported by legal authority. Similarly, Plaintiff argues … doctrine. A net opinion is an “expert's bare conclusions, unsupported by factual evidence.” Buckelew v. Grossbard, 87 … opinion rule “does not mandate that an expert organize or support an opinion in a particular manner that opposing …
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njcourts.gov
… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
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njcourts.gov
… review of the parties' submissions, and the trial court's determinations thus far in connection with the award of this … took effect, the judge also found it was difficult to support the position that the City acted arbitrarily or …
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njcourts.gov
… Sports and Exposition Authority, 104 N.J. 80 (1986), to support his argument that defendant had an independent duty … immunity under N.J.S.A. 59:4-6 was inconsistent with his determination that defendant was not independently negligent. … immunity – although correct – conflicts with the judge's determination that defendant was not independently negligent. …
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njcourts.gov
… a new trial, but on grounds other than whether the evidence supported a finding that force was used. 3 Such an … instructed the jury about factors that could affect its determination as to whether the person depicted in the …
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njcourts.gov
… run in July 2003. The trial judge principally based his determination on plaintiff's deposition testimony, noting: … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … discern no basis to disturb the motion and trial judge's determinations to bar plaintiff's complaint on statute of …
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njcourts.gov
… general. The jury was then left free to make the ultimate determination of whether defendant possessed the heroin with … N.J.S.A. 2C:44-1(a)(9). There were facts in the record supporting each of those aggravating factors. The judge also …
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njcourts.gov
… Complaint has not specifically plead any facts to support a claim that her emotional distress is significant …
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njcourts.gov
… in accordance with Section 10 of the Agreement (titled “Determination of Value”). The specific language of Section 10 … purchase price. After discovery, however, and the determination by this court that the defendants are in fact … defendants' actions clearly do not rise to a level supported by an action for oppression under RULLCA. Under …
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njcourts.gov
… intelligibility." Wein, 80 N.J. at 497. "In making that determination, the court looks to whether the indictment is … as uncertainty, if he is correct, would tend to support an inference that a reasonable person would take …
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njcourts.gov
… it, so long as he clearly leaves to the jury the ultimate determination of the facts and the rendering of a just and … testimony so long as that testimony is "based on, and supported by testimony about, the officer's personal …